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Muslims and the Problem with Democracy?

In their article Ruiz and Rubio-Marin (2009)2° point out that dem­ocratic parity ‘must define what democracy is fundamentally about’. Similarly in her work Ann Philips21 concludes that, ‘Democratic par­ity matters because without it we do not yet have democracy’.

While we also learn that this model ‘has its own distinctive logic’ such obser­vations clearly point to an implicit relationship between the two, lead­ing to some kind of normative conception of democracy. Of course all claims about meaning and value of concepts such as democracy merit scrutiny and both scholars successfully draw upon a political theory of democracy that promotes gender equality in ways that aim to avoid the pitfalls of essentialism and normative truth/claims-making as theorizing choice, capability and capacity from a feminist perspec­tive. Feminist political theorists and philosophers have also (over the past two decades) developed new models to challenge discrimination and oppression occurring within particular cultural and religious settings (for example, Shachar22 and her model of transformative accommodation).

In this part of the chapter, I pose a series of questions to consider the ways in which the idea and meaning of democracy as a common sig- nifier of democracy may serve to ascribe meanings and value (within minority Muslim communities) in fixed and problematic ways. For example, the assumptions and goals of democracy; the way in which it engages and intersects with non-state norms and minority commu­nities, while raising a critical reading on the relationship between de­mocracy, the West and Islam. Our efforts to complicate the concepts and practice of democracy are important if democracy also exhibits an ensemble of practices and democratic institutions that seek to reg­ulate the exercise of communal and private governance based upon orientalist tropes of Muslims simply lacking the credentials of free­dom and democracy.

The meaning, relevance and perils of democracy therefore raise important questions and challenges. For example, in his work on governmentality Foucault23 poses a series of questions re­lating to the problems of government and the role of individuals. How should ‘we govern oneself, how to be governed, by whom should we accept to be governed and how to be the best possible governor’? This series of lectures reveals important insights into the intricate and com­plex relationships between governance and the process of governing and the ways in which governance is both ‘thought’ and ‘practised’ by the liberal political processes. Governmentality he argues is in ev­idence across multiple sites (such as population) where technologies

operate to regulate conduct and behaviours in ever complex ways dis­playing the myriad and multiple forms of political power in action. The multiple dynamics of power seek to define/address/manage and control with implications for all in minority and majority communi­ties. Social and legal norms operate within and across communities in relation ‘to the division of labour, authority between family members and intimate behaviour’. We have, of course, a long and expansive body of postcolonial scholarship that produces important insights into relations of power, legality and identity.

Yet even this (brief) overview of governmentality, power and state law relations raises important questions in relation to relations of power, dialogue, intercultural dialogue, positionality and rights and contributes to our understanding of the myriad and complex lived social realities of law and legalities that take shape in many different forms both in state law relations and as private governance within minority communities. The rise of racist governmentalities, for ex­ample, also raises an important set of questions as the logic of de­mocracy that can also rest upon a logic of West and non-West and those who are democratic versus non-democratic.

One could, for example, question upon what basis the idea of democracy is pred­icated in its application to minority Muslim communities living in Western societies? Western exceptionality and a fixed description of democracy (and democratic discourse) reveals a tenuous relationship between ideas of belonging, identity and a convergence of being dem­ocratic and being Western. Postcolonial critiques, for example, point to the Western hegemony and a fixed Western identity as the primary signifiers of democracy, today. So how can we better understand the category of democracy as it applies to Muslim communities? These critiques remain important for the dislocation within Muslim com­munities from ideas of citizenship, democracy and belonging is in evidence and raises a series of questions: what are the primary fea­tures of democracy and how can we understand questions of au­tonomous individuals, decision-making and capacity in relation to Muslim women and religious models of dispute resolution? What is the capacity of Muslim dispute resolution bodies to transform to accommodate ‘difference within difference’? How do these organi­zations envisage democratic arrangements and governance? Are we able to produce alternative accounts both as insiders and outsiders of communities and groups? It is imperative, of course, that we unpack this idea of a Muslim community as the Muslim Ummah. As Sayyid points out, ‘The Muslim question encompasses the difficulties associ­ated with the emergence of a distinct political identity that appears to

ShaiiaCo CttsawdM-IstamFamify 105 سأ be transgressive of the norms, conventions and structures that under­pin the contemporary world.’24 Yet surprising perhaps, in a world of difference, complexity and challenge the emergence of fixed notions of identity and religious has only in recent times gained increasing urgency. Furthermore as a political signifier democracy with its par­ticular cultural formations in the ‘West’ provides the essence of hu­man identity transcending cultural and religious divides and acting as a designator of freedom, capacity but also government practices and hybrid Western identities. We therefore understand democracy as closely aligned to a Western identity and to be anti-Western is to be anti-democratic.

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Source: Bano Samia (ed.). The Sharia Inquiry, Religious Practice and Muslim Family Law in Britain. Routledge,2023. — 143 p.. 2023
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